Chris Selley: Why there will never be such thing as a good anti-bullying law

Why there will never be such thing as a good anti-bullying law

On Tuesday, the government of Canada’s fifth-most populous province, Manitoba introduced what it calls a “strong anti-bullying action plan.” It is to include various new resources for parents and teachers and eventually, after public consultations, “strong legislation that would further support students, broaden reporting of bullying and respect diversity.”

In the current anti-bullying climate, where stern legislative fixes are the order of the day, this almost counts as foot-dragging. In Canada’s most populous province, Ontario, students are now threatened with expulsion for any behaviour they intend to, or ought to know is likely to, cause “harm, fear or distress to another individual, including physical, psychological, social or academic harm, harm to the individual’s reputation or … property” — or even just for “creating a negative environment at a school for another individual.”

Often overlooked is a 2007 law passed in Canada’s third-most populous province, British Columbia. Designed in part to combat bullying, it ordered school boards to create and enforce codes of conduct. The one in force at schools in Port Coquitlam, for example, demands that students not “threaten, harass, bully, intimidate or assault, in any way, any person within the school community,” defining bullying as “includ[ing] but … not limited to physical or verbal intimidation, verbal harassment and cyber bullying, occurring on or off school property.”

Possible penalties for violations include indefinite suspension. But sadly, it didn’t much help PoCo teenager Amanda Todd, whose suicide is now widely cited as evidence for … anti-bullying legislation. Premier Christy Clark has declared herself open to the idea.

And so we arrive in Canada’s fourth most populous province. Question for Alberta parents: How would you feel if your daughter came home from school and announced that she had been suspended because one of her classmates bullied another of her classmates? A bit peeved, perhaps? Perhaps more than a bit peeved? Well, take a boo at your brand new Education Act.

Specifically have a look at Section 31(e), which stipulates (emphasis added) that “a student … has the responsibility to refrain from, report and not tolerate bullying or bullying behaviour directed toward others in the school, whether or not it occurs within the school building, during the school day or by electronic means.” The penalty on first offence could be up to five days’ suspension; upon repeated offence, expulsion.

Bullying is defined by the Act as “repeated and hostile or demeaning behaviour by an individual in the school community where the behaviour is intended to cause harm, fear or distress to one or more other individuals in the school community, including psychological harm or harm to an individual’s reputation.” (“Bullying behaviour” doesn’t seem to mean anything at all.)

I would be surprised if an anti-bullying strategy that actively threatens non-bullies found widespread support even among crackdown supporters

There is a deep divide between those who feel legislation can play a major role in anti-bullying efforts and those, like me, who think it offers mostly distraction and a stage on which politicians, well-meaning as they may be, can perform. But I would be surprised if an anti-bullying strategy that actively threatens non-bullies found widespread support even among crackdown supporters.

We can hope that all students “positively contribute to the student’s school and community,” as the Alberta act puts it. We should absolutely encourage it, and taking a stand against bullies is part of that. But we also need to stand behind the students who just want to keep their heads down, do their work and get the hell out of there into the civilized world without making themselves a target for bullies — a status that can hardly be achieved more efficiently than by establishing yourself as your grade’s most enthusiastic snitch.

Imposing a burden of responsibility on students with regards to “hostile or demeaning behaviour,” when we impose none at all on adults, is weird, counterproductive and — because it threatens rather than encourages — contrary to the liberal instincts that inform anti-bullying initiatives. Some groups have complained that it foists too much responsibility to combat bullying on students, but I think it equally does the opposite: A bully should suffer harm to his reputation, and it’s his peers who should inflict it; yet under Alberta’s ludicrously broad bill, that counts as bullying!

You might say, well, a principal would never suspend a student for not reporting a minor bullying incident — and you would probably, hopefully, be right. But then, for heaven’s sake, why make it a law in the first place? As each draconian piece of legislation rolls out, I become more convinced there is no “good anti-bullying bill” out there waiting to be written. Bullying is defeated by students and teachers who are willing to take a stand, and principals and trustees and politicians who are willing to back them up. If you’re a politician in a jurisdiction where legislation is an impediment, then get involved. Otherwise send your best wishes and get out of the way.